There is nothing to eat so they said that we will do the act of cannibalism but while saying the word cannibalism D was in unconscious mind.
Cannibalism is the act of consuming another individual of the same species as food. In this question human eating human.
Will they be punished and what will be the punishment?KEEP READING
The doctor is liable, and he cannot claim protection under Section 81 of IPC because every person is sovereign (head) of his body. The Doctrine of Necessity applies to cause small harm to avoid big harm.
A doctor can only advise the attendant to donate his blood. He can not compel the attendant to do so.KEEP READING
Firstly, let us understand what evidence is. Any material facts or signs that the court requires to prove something true or verify the truth of any alleged matter can be termed as evidence.
The following article talks about provisions related to false evidence as per Chapter XI of the Indian Penal Code. False evidence as an offence is contained under sections 191 to 198 of IPC. Let us understand these sections in detail.KEEP READING
Section 299 of the Indian Penal code talks about culpable homicide and section 300 of IPC deals with murder.
There is a faint line difference between both of them. This frequently causes problem to advocates, legal practitioners that where to lie the case, if not minutely understood this difference.
Culpable homicide is a genus and murder its species. “All murders are culpable homicide, but all culpable homicides are not murder.”KEEP READING
Consent means “to agree upon the same thing in the same sense.” It is said to be given when a person agrees upon a thing being done with his own will and not because of any fear, force or misconception. The element of consent excuses offences against the human body and property.
Sections 87 to section 89 of the Indian Penal Code lays down that if certain acts are committed with the victim’s consent, they will not be considered an offence, and the offender will not be held liable for the same.KEEP READING
A state of a person by which both his physical and mental condition is weakened due to intake of alcohol or any other intoxicating substance is known as intoxication. In cases where a person is incapable of knowing the nature of the act or what he is doing is wrong or opposed to the law due to intoxication, it will not be considered as an offence.
Intoxication as a general defence/exception can be better understood from section 85 and 86 of the Indian Penal Code, 1860.KEEP READING
Unsoundness of a person’s mind as a defence is given under Chapter IV, section 84 of the Indian Penal Code (IPC). It is based on M’Naghten Rule.KEEP READING
An accident is a sudden unintended act or an act by chance without any apparent cause. It is considered a defence under criminal law. The principle revolves around the theory that when a person does not have mens rea, which is an essential element of a crime, he can’t be held liable for such an act.
Section 105 of the Indian Evidence Act, 1872 says that if a person alleges that his act was an accident and not a crime with the intention, then the burden of proof lies upon him to establish that his case falls under a general exception, namely accident as per section 80 of the Indian Penal Code.KEEP READING
A necessity in a general sense can be said to be the state or fact of being required. When a person commits a crime or any harm to any person or property to prevent or avoid more significant harm than what has been caused by him, the defence of necessity is applied.
This section incorporates a principle whereby a person is excused from doing lesser harm to prevent or avoid greater harm. You can understand necessity as an exception to IPC from section 81 (Chapter IV, General Exceptions).KEEP READING
A child is considered innocent, and any wrongful act done by a child cannot be said to be a crime or an offence as it lacks mens rea (guilty mind).
This section follows the principle of doli incapax, which provides that a child is considered incapable of forming the intent to commit a crime or tort. This can be understood briefly from section 82 and section 83 of IPC. Let me explain what this is and make it easy for you.KEEP READING
Section 34 and 149 of Indian Penal Code are substantive in nature as they do not provide any punishment. Which one is graver? Section 302/34 or 302/149?KEEP READING
The judicial act is an act that is derived from the ordinary exercise of judicial powers within the reasonable and appropriate jurisdiction.
Anything done while acting judicially is not an offence under the Indian Penal Code. Judicial acts as a general exception can be better understood from section 77 and section 78 of IPC.KEEP READING
Section 34 of the Indian Penal Code lays down the principle of joint criminal liability.
Common intention is a pre-arranged plan or prior meeting of minds before the commitment of the act. ‘Common’ means something which everyone has in the same proportion. Their object, motive, or target is common.KEEP READING
Section 76 deals with cases where the person under a mistake considers himself to be compelled or bound by law to act in a particular way. Although his act is a crime on the actual condition of the facts.
On the contrary, section 79 deals with cases where a person under the mistake considers himself to be simply justified or excused by the law to act in a particular way.KEEP READING
The Indian Penal Code contains certain provisions in which the liability of a person who commits a crime with some other persons is determined.
When a person commits a crime with some other person(s), joint liability is generated because either the intention or the object is common to all the persons who have committed a crime together.KEEP READING
Generally speaking, jurisdiction is the official power to make legal decisions and judgements. The extent to which the Court of law can exercise its powers relating to suits, appeals, proceedings, etc., can be said to be the jurisdiction of the Indian Penal Code. It is the limit within which the courts can exercise their powers over the cases.
Jurisdiction of IPC can be understood from sections 1, 2, 3, 4 and 5.KEEP READING
